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ORTIZ v. EICHLER

No. 85-5606.

794 F.2d 889 (1986)

Nilsa ORTIZ, John Peek, Annie Mae Revelle, Marcinda Jackson and Denise Trader, individually and on behalf of all other persons similarly situated and Marsha Curtis (pltf-intervenor) (13) v. Thomas P. EICHLER, in his official capacity as Secretary of the Delaware Department of Health and Social Services, and Phyllis T. Hazel in her official capacity as Acting Director of the Department's Division of Economic Services. Appeal of Thomas EICHLER and Phyllis Hazel.

United States Court of Appeals, Third Circuit.

Decided July 9, 1986.

Attorney(s) appearing for the Case

Richmond L. Williams (argued), Deputy Atty. Gen., Delaware Dept. of Justice, Wilmington, Del., for appellants.

Anne M. Perillo (argued), Community Legal Aid Society, Inc., Wilmington, Del., for appellees.

Before ALDISERT, Chief Judge, and GARTH and SLOVITER, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Chief Judge.

This appeal requires us to decide two major questions relating to procedures used by Delaware for denying or terminating Aid to Families with Dependent Children (AFDC), Food Stamps and Medicaid benefits. We must first decide the extent of a pre-hearing notice required to be given by Delaware under the due process clause of the 14th Amendment; we must also decide the extent of confrontation of witnesses at the hearings...

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